Welcome to Pop & Rest. Thank you for choosing to visit us and join our community of locals and travellers looking for rest, sleep and meditation space on the go! We have tried to make these terms and conditions (“Terms”) as easy to understand as possible, but if you have any questions at all, please feel free to contact us at firstname.lastname@example.org or via https://popnrest.com/help or by calling us on +(0)447 4954 60742.
These Terms are split into four sections for your ease of reference:
Section 1: General Terms
Section 2: Booking and Payments
Section 3: Liability and Insurance
Section 4: Data, IT and Governance
SECTION 1 – GENERAL TERMS
ABOUT POP & REST
At Pop & Rest, we connect locals and travellers with sleep and meditation pods and suites (“Pods”). Our customers can book Pods by the hour in places where our Pods are available. Our plan is to install them in business districts, train stations and airports – often the places we believe our customers need rest most, but usually can’t access space for it.
In these Terms, we refer to our website (www.popnrest.com) or other variations of that domain as the “Website”, we refer to anything that can be purchased from us via our Website (including a stay in a Pod) as our “Products”, and we refer to the process of booking a Pod as a “Booking”. These Terms govern your access to and use of our Website, all purchases of our Products, and all of your Bookings, so please read them carefully! These Terms are a legally binding contract between you and Pop & Rest so you must not visit our Website, buy our Products or make a Booking if you don’t agree with them.
We may from time to time amend these Terms to ensure that we remain compliant with relevant laws and regulations or to keep you up to date with improvements or changes we might make the Products, services and experiences we can offer to you.
INFORMATION ABOUT US AND CONTACT METHODS
We are Pop Pods Limited, trading as Pop & Rest (or PopnRest), a company incorporated and registered in England and Wales with company number 10979660. Our registered office is at 48a Cannon Hill 48a Cannon Hill, London, United Kingdom, N14 6LH (referred to as Pop & Rest, we, our and us).
Our contact email address is email@example.com. If we need to contact you, we will do so by sending an email to you at the most recent email address you have provided to us.
SECTION 2 – BOOKING AND PAYMENTS
REGISTERING FOR A PERSONAL ACCOUNT
To order Products or make a Booking via the Website, we ask you to register for a personal account with us.
You can do this by following the instructions for registering one on the Website. Specifically, we ask you for your name, date of birth, email address and telephone number, along with an account security password. It is your responsibility to ensure this information is accurate. We will not be responsible to you in any way (financially or otherwise) if you encounter any issues with any Products or Bookings because you have provided us with inaccurate information. Any personal data that you provide us with during the registration process will be stored in our database and may not need to be re-entered with each new order once you are registered with us.
Visitors to the Website may sign up to receive marketing information (such as newsletters) and product updates from us without registering for a full account.
You are responsible for maintaining the confidentiality of your password and email address and are responsible for all activities that are carried out under them. You agree to notify us immediately if you become aware or suspect any unauthorised use of your password or email address or any other of your personal account details.
You can make a Booking via our Website at any time once you have registered for a personal account. Bookings can be made for the time periods specified on the Website, typically ranging from 1 hour to 4 hours. You can select the Pod you are looking to make a Booking for on the Website, and all the information about a specific Pod will be shown at the relevant time via the Website, including ways to access the Pod and opening times, which may vary for specific Pods. Typically, our Pods are open between 9am and 7pm, although we may on occasion keep them open later.
Please note that when open beyond 7pm, the Pods are principally designed for overnight layovers providing a custom sleep & wellness experience for travellers. For clarity, there will be no hospitality services (similar to what might be received if staying in a hotel or hostel) offered as part of this type of experience.
If you have any specialist requests for a Booking, then please contact firstname.lastname@example.org and we will try to accommodate you, although we cannot provide any guarantees.
RULES FOR USE OF OUR PODS
Please take note of the following essential rules which apply to all Bookings:
On the day of your stay in one of our Pods, you must bring personal identification with you so that we know the Booking is for you. If you do not, we cannot guarantee that we will be able to fulfil your Booking, and in such case you would not be eligible for a refund.
Bookings are for one person at a time only, and our Pods are designed and created as rest and meditation spaces. If you have any questions on meditation in particular, then please do not hesitate to contact us!
All of our Pods are alcohol, drug and other substance free zones, and all such things are strictly forbidden. We reserve the right to remove you from the Pods, ban you from using any Pop & Rest services in future and charge you for any property damage caused (including by cigarette smoke impacting the smell of any materials in the Pods).
Non-alcoholic drinks in bottles but please take care not to spill. We usually recommend taking in a bottle of water with you but not more.
Food is not permitted in the Pods, although our staff may use their discretion to allow certain foods in certain circumstances (e.g. if food is required for medical reasons).
We do of course keep the Pods clean, but we ask that anyone using a Pod should make sure to clean up after themselves, and leave the Pod in a condition which they would expect to find it in.
Any person who uses a Pod agrees that they may be fined for any damage caused to Pop & Rest property, and any fines may be taken directly from a payment card which you have provided.
Payments for Bookings must be made in advance at the time of Booking via the Website, although at our sole discretion, we may also permit payments using a card machine on arrival at a Pod. If paying on arrival at a Pod, payment must be made in advance of entering the Pod and starting your rest or meditation time. Prices may initially be listed as exclusive any applicable sales taxes on the Website, but the total cost will be made clear to you prior to paying and confirming a Booking.
Please thoroughly check your order details before finagling your Booking as changes may not be able to be made to your Booking once it has been confirmed. In certain circumstances, we may be able to process changes to your order, but we reserve sole discretion as to whether we can or will do this. The general rule, subject to applicable laws, is that unless we say otherwise, you cannot change your Booking after it has been made.
All payments made via the Website will be made via a third party payment collection agent (e.g. Stripe or Paypal) accessible via the Website (the “Payment Services”). You may use all major debit and credit cards, or other payment methods which our Payment Services accept, but we will not be held responsible if your usual preferred payment method is not accepted via our Payment Services. All payments are non-refundable, except as clearly expressed in these Terms.
When you make a Booking, you should receive an acknowledgement email confirming that we have received your order. We, or our third-party payments provider, then carry out a standard pre-authorisation check to make sure there is enough money on the card in order to process your payment. We only accept your Booking once payment has been approved and we have debited the payment card. By making a Booking on our Website, you warrant that you are authorised to use the selected payment method. You must be 18 or over to register for a personal account and make a purchase of any kind with us.
If we are unable to accept your order, we will inform you of this by email and we will not charge you for the Booking or will refund you the full amount. This might be because of an error on our systems where the Pod was not actually available at the requested time, because of unexpected limits on our resources which we could not reasonably plan for, or because a credit reference we have obtained for you does not meet our minimum requirements. You acknowledge that a refund of any amounts paid will be your only available remedy if we are unable to accept your Booking after it has been placed, and that any commissions already taken by our third-party payments providers may be deducted from your refund.
Please note that you must be legally authorised to make payments with your selected payment method. Where you believe an unauthorised payment has been made, please immediately contact your bank or other relevant authority and report this (although we cannot guarantee that your bank or other relevant authority will investigate). We will not deal with reports of unauthorised payments directly.
From time to time we may issue discount codes, for example as promotional offers via social media, to reward loyalty or to mark special occasions. Discount codes are offered entirely at our discretion and may be revoked at any time, even before the stated expiry date. We have a discount code box situated at the checkout page where codes can be applied. You may only redeem one code at a time, so we advise you to choose the promotion best suited to your purchase. If you have any questions about the use of discount codes, then please feel free to contact us.
Pop & Rest may also offer memberships on a subscription basis (“Memberships”). This section relates only to Memberships. As at the date of these Terms, no Memberships are available, but we may implement Memberships in future.
Memberships, if made available, will entitle you to certain Pop & Rest benefits and access rights to our Pods, and all the details of such Memberships will be communicated via the Website.
Memberships may be made available on a monthly, quarterly or annual basis, depending on the type of Membership you are subscribing to, and the options available on the Website at the time of purchase. Prices and the applicable subscription period (e.g. monthly, quarterly or annually) will be shown on the relevant page(s) of the Website. The price and subscription period that applies when you make your original purchase will apply throughout your Membership period until we stop offering the applicable Membership or you choose to cancel, unless you expressly consent to change your Membership period. For example, we may offer the opportunity to upgrade from a quarterly to a monthly Membership period. We may change our prices or pricing models at any time by posting new prices on the Website, but such changes will not affect you during the period of your existing subscription as at the date of any such change.
You can cancel your Membership(s) via the Website at any time before the next periodic payment is made and if you do, your Membership will be valid up to the end of the period for which you have paid for.
If you do not receive the stated benefits or access rights to our Pods during a period of your Membership for any reason, then please contact us. If we are unable to deliver on any aspect of Membership for the applicable period, then your remedy will be to receive a ‘credit’ which can be applied in a later period of your Membership.
CANCELLATIONS AND REFUNDS
Once a Booking has been made, it may be cancelled up to 2 hours before the scheduled Booking time. In such case, a full refund will be given, less any charges already taken by our Payment Services. If a Booking is cancelled within 2 hours of the scheduled time, then no refund will be given.
Subject to our cancellation policy and to any statutory cooling-off periods in force from time to time, our policy is that we do not offer refunds. By exception, you may be entitled to a refund in the following circumstances:
if you inform us and can clearly demonstrate in good faith that there were problems with your Pod on arrival at it (e.g. relating to cleanliness or fitness for purpose), or in exceptional circumstances, after your stay in a Pod (e.g. due to disruption);
we are or were unable to deliver on your Booking because of events outside of our control; or
you are legally entitled to one by law.
In the case of (a) above, at our discretion, we may refund up to 100% of the Booking fee (less any Payment Services commissions), provided you inform us of your complaint within 12 hours of the end of the Booking. If, for any reason we are required to refund you, you agree that any refunds may be subject to deductions for amounts taken by our Payment Services, or for any damage caused, or items lost, which you may be responsible for. Refunds will usually take between 3 and 5 working days to be processed.
SECTION 3 – LIABILITY AND INSURANCE
WARRANTY & LIABILITY
We use our best efforts to ensure that images of Pods on our Website accurately reflect our actual Pods, but we make no representation or warranty for the likeness or resemblance of the actual Pod you may stay in to one you see on a Website, as there may be variations.
Pop & Rest will have no liability or responsibility to any person or body for any loss, damage, costs, expenses or other claims for compensation arising from any information supplied by a customer which is incomplete, incorrect, inaccurate, in the wrong form, or which arise from their late arrival to a Booking or failure to show up altogether, or any other fault of a customer. All information must be provided via the Website or by email.
Except in respect of death or personal injury caused by our negligence, or as expressly provided in these Terms, Pop & Rest will not be liable by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of these Terms, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of Pop & Rest, its staff or agents or otherwise) which arise out of or in connection with the provision of Bookings or any other services of any kind (including any delay in providing or failure to provide the Pods or other services) or use of Pods by customers.
For the avoidance of doubt, we will not be responsible for:
losses or damage not directly caused by our breach of these Terms;
failure to make the Website available or to meet any of our obligations under these Terms where such failure is due to events beyond our reasonable control;
where any damage or loss is a result of anyone under the age of 18 using a Pod.
Customers are advised that Pods provided under these Terms may be located busy urban areas. Whilst the Pods are designed to cancel outside noise, they may not be 100% sound proof. Pop & Rest shall have no liability to customers for any claim for compensation arising from noise outside of a Pod and customers may not make any deduction from any fees due as a result of noise
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable and direct result of our breaking these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time this contract was made, both we and you knew it might happen.
You acknowledge that Pop & Rest is in no way and will never be responsible for loss or damage to any property or belongings which you bring with you to a Booking – you bring all valuable items and electronics into a Pod at your own risk. This includes any valuable items of clothing or jewellery.
In addition to offering Pods, we may choose to offer other Products via our Website, or otherwise. For example, we may offer workshops to businesses or offer individuals or businesses the opportunity to lease Pods from us. In such cases, these Terms will apply to the sale or leasing of all Products where applicable, including in respect of all warranties, liabilities and representations, although we may enter into an additional services contract in certain circumstances where necessary.
THIRD PARTY TERMS
If you purchase a Booking with Pop & Rest via any commercial, business or re-sale third party channel, we will have no liability to you for any such third party’s provision of services to you. We will only be responsible for our part of the deal which is to provide you with access to a Pod at an agreed time.
SECTION 4 – DATA, IT AND GOVERNANCE
COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS
All copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website or Bookings will remain at all times vested in Pop & Rest or our licensors.
You are permitted to use (i) the material data and content from our Website only for your personal use. You may not otherwise copy, reproduce, transmit, publish, display, distribute, commercially exploit, use or create derivative works of (i) any material data and content on the Website without the express prior written permission of a formally appointed director of Pop & Rest.
You acknowledge that we may be entitled to pursue you for damages and injunctive relief if you plan to use, or use our intellectual property in any way for non-personal, non-recreational, commercial purposes.
Incidents affecting personal data that are likely to result in a risk to the rights and freedoms of data subjects will be reported to the data protection supervisory authority. We will also inform those concerned directly. These actions will be carried out without undue delay and, where feasible, within 72 hours of becoming aware of it.
We try and keep the Website up and running at all times but cannot promise that this will always be the case. The Website is provided on an "as is" basis. We make no representations, warranties or guarantees of any kind regarding the availability or operation of the Website, or that it will be secure, uninterrupted or free of defects. Equally, we make no representations, warranties or guarantees of any kind regarding the availability of all of our Products, or the items comprising our Products. All orders are subject to availability.
Your access to the Website may be suspended or restricted occasionally to allow for maintenance, repairs, upgrades, or the introduction of new functions, offerings or services. We will not be liable to you if for any reason the Website or any part of it is unavailable at any time or for any period.
UPDATES TO THE WEBSITE
From time to time, we may make updates to the Website. Depending on the update, you may not be able to use them until you have accepted any new terms or logged into an updated version.
WEBSITES WE LINK TO
The Website may link to other third party websites from which third party services can be obtained. Whilst we reasonably believe that these are reputable sources of such services, you acknowledge that these other websites are independent from us and we make no representations or warranties as to the legitimacy, accuracy or quality of such third party services, and we do not accept any responsibility for their content, safety, practices or privacy policies. Essentially, we will do our best to ensure they are safe but you access any third party at your own risk.
We take all reasonable steps to ensure that no part of the Website will contain or spread any viruses or other malicious code but this section explains how you can best protect your devices.
We recommend that you ensure that equipment used to access the Website runs up-to-date anti-virus software as a precaution, and you are advised to virus-check any materials downloaded from the Website and regularly check for the presence of viruses and other malicious code.
To the full extent permitted by law we exclude liability for damage or loss of any kind caused by viruses or other harmful components originating or contracted from the Website.
NO RELIANCE ON INFORMATION
All information published on or via the Website is provided in good faith and for general information purposes only. We make no warranties about the completeness, reliability, or accuracy of such information. Any action you take based on such information is taken at your own risk.
OTHER IMPORTANT TERMS
Assignment and other dealings: You may not transfer your rights or your obligations under these Terms without our prior written consent.
Waiver: If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Severance: Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are invalid, illegal or unenforceable, the remaining paragraphs will remain in full force and effect.
Offline sales:We may make Products available for purchase offline, for example at certain conventions or trade fairs. In those cases, these Terms will only apply to the extent they are applicable.
Competitions: You may be able to enter Pop & Rest prize competitions if you have signed up for an account with us. Details of those competitions will be communicated to you separately, but you agree that these Terms will apply to Products received by you through a competition, insofar as they are applicable.
Third Party Rights: The is a contract between you and us. No other person shall have any rights to enforce any of its terms.
Governing Law/ Jurisdiction: These Terms are governed by English law and the English courts have exclusive jurisdiction to handle any disputes relating to them. If you have a complaint, you must in the first instance contact us at email@example.com so that we can try and resolve your issue as best we can.